CRL.M.C./565/2024 of LOKESH MATHUR Vs THE STATE NCT OF DELHI & ANR.

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 565/2024 LOKESH MATHUR ..... Petitioner Through: Mr.Shushant Yogi, Adv.

versus

THE STATE NCT OF DELHI & ANR. ..... Respondents Through: Mr.AmanUsman, APP with SI Pawan Mr.Manoj, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

% 24.01.2024CRL.M.A. 2300/2024

1.Allowed, subject to all just exceptions. CRL.M.C. 565/2024

2.This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, ‘Cr.P.C.’) seeking quashing of FIR No.0011/2018 registered at Police Station: North Rohini, Delhi, under Sections 279/337/341/323/509/34 of the Indian Penal Code, 1860 (in short, ‘IPC’), along with all other proceedings arising therefrom.

3.Issue Notice.

4.Notice Accepted by Mr.Aman Usman, learned APP for the State and Mr.Manoj, learned counsel for the Respondent no.2.

5.The learned counsel for the petitioner submits that the parties, that is, the petitioner and the Respondent no.2 have amicably settled

all of their inter se disputes.

6.The respondent no.2 is present in person in Court and has been duly identified by the Investigating Officer (IO). The Respondent no.2 affirms that she has settled all the disputes with the petitioner of her own free will and without any coercion. The respondent no.2 submits that she has no objection if the present FIR is quashed.

7.I have perused the contents of the FIR and also the Charge Sheet filed by the police.

8.As the disputes between the parties have been amicably settled and looking into the nature of the allegations made in the complaint, in my opinion, no useful purpose would be served in keeping the FIR alive. In fact, it would lead to further wastage of time not only of the prosecution but also of the Courts and would be an unnecessary burden on the State exchequer.

9.Keeping in mind the facts of the present case and being guided by the principles enunciated by the Supreme Court in its judgments in Gian Singh v. State of Punjab, (2012) 10 SCC 303; Parbatbhai Aahir @ Parbatbhai Bimsinh Karmur & Ors. v. State of Gujarat & Ors. and (2017) 9 SCC 641 and State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 3, this Court deems it appropriate, in the interest of justice, to exercise its inherent powers under Section 482 of the Cr.P.C. to quash the FIR and all the proceedings emanating therefrom.

10.Accordingly, the petition is allowed. Consequently, the FIR No. 0011/2018 registered at Police Station: North Rohini, Delhi Delhi under Sections 279/337/341/323/509/34 of the IPC and all

consequential proceedings emanating therefrom against the petitioner are quashed, subject to the condition that the petitioner deposits costs of Rs.10,000/- with Delhi State Legal Services Authority within period of two weeks from today. The costs so deposited shall be utilised by the Delhi State Legal Services Authority for providing counselling/psychological support to the POCSO Victims requiring such assistance.

11.The petitioner shall file, with the Registry of this Court, proof of such deposit of the above costs and also supply copy thereof to the concerned IO within the said period.

12.The petition is disposed of in the above terms.

JANUARY 24, 2024/ns/ss

NAVIN CHAWLA, J

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